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HomeMy WebLinkAbout2022-03-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 363 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on March 21, 2022, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Deb Hays; Commissioner Jonathan Barfield, Jr.; Commissioner Bill Rivenbark; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Gayle Tabor, Church on Tap, provided the invocation and Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to remove Consent Agenda Item #2: Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 for additional discussion and consideration, and approve the remaining items on the Consent Agenda as presented including Additional Item #16: Adoption of a Resolution Requesting Funding of a 10-Mile Parallel Line for the Lower Cape Fear Water and Sewer Authority. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple to approve remove Consent Agenda Item #2: Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 for additional discussion and consideration, and approve the remaining items on the Consent Agenda as presented including Additional Item #16: Adoption of a Resolution Requesting Funding of a 10-Mile Parallel Line for the Lower Cape Fear Water and Sewer Authority. Upon vote, the MOTION PASSED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Agenda Review and Closed Session Meetings held on February 17, 2022, Regular Meeting held on February 21, 2022, and Special Meeting held February 24, 2022. Approval to Transfer Title of Vehicle to Novant Health – Emergency Management The Commissioners approved the transfer of ownership of a grant purchased 2004 Ford F-350 vehicle to Novant Health. Award of Contract to Audit the County’s Financial Statements to Cherry Bekaert LLP – Finance The Commissioners awarded the audit services contract to Cherry Bekaert LLP for the fiscal year 2021-2022 with the option to renew the contract for each of the following four fiscal years based upon satisfactory performance each year. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 23.1. Adoption of National Nutrition Month Proclamation – Health and Human Services The Commissioners adopted a proclamation recognizing March as “National Nutrition Month” in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 23.2. Approval of January 2022 Tax Collection Reports - Tax The Commissioners accepted the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of January 2022. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 23.3. Adoption of Budget Amendments - Budget The Commissioners adopted the following budget amendments amending the annual budget ordinance for the fiscal year ending June 30, 2022: Parks and Gardens 22-045 Library 22-061 Senior Resource Center 22-064 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 23.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 364 Adoption of a Resolution Requesting Funding of a 10-Mile Parallel Line for the Lower Cape Fear Water and Sewer Authority – Governing Body The Commissioners adopted a resolution requesting the North Carolina Legislature to allocate funding for a 10-mile parallel line for the purposes of redundancy, reliability, and emergency management for the Lower Cape Fear Water and Sewer Authority. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 23.5. Discussion and Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 – County Manager Commissioner Barfield expressed concerns about the request, particularly the ability to fine a person $50. There are many people in the community who are one paycheck away from being homeless. He understands the need to address the debris that is left by the homeless, but thinks the County needs to look at how to address solving the homelessness problem and not creating another problem. When the Salvation Army moves to its new location a void will be created in the downtown area for the homeless to receive services. He thinks the County needs to look at a way provide a day shelter for services in the downtown area. Commissioner Zapple also expressed concerns and agreed with Commissioner Barfield’s comments. However, he thinks there is a lot of misinformation out about the proposed ordinance and asked that Deputy County Manager Tim Burgess provide more information on the request for clarification purposes. Deputy County Manager Burgess stated that the ordinance does prohibit sleeping on county property from 10PM to 7AM and that items left unattended for more than two hours are subject to removal. If someone has their belongings with them, no one is going to take a person’s things away. The ordinance is not currently in the County’s Code of Ordinances and would provide another tool in worst case scenarios and used as a last measure. If all other efforts fail, it will give the County the ability to have law enforcement charge a person with trespassing if they are sleeping on county property overnight and not complying with the ordinance or leaving when asked to do so overnight. In the case of the downtown library, items have been repeatedly stockpiled to the right of the parking deck. The request is part of the effort to keep all County properties clean, safe, and well maintained for both those that are using the properties and those that pass by. Many other efforts have been tried at the downtown library. Wilmington Downtown Inc. (WDI) hired an individual to work with the homeless population to get them the wraparound services they need. There are also non-profits that have been working with the homeless. Even though everyone has worked hard to address the issue, there has been limited success at the downtown library. Within a matter of days after a clean-up, it is back in the condition seen today and must be cleaned up again. He has been made aware that syringes have been found on the property and how individuals have used the outdoor area as a bathroom facility. The primary focus is to get the individuals the wraparound services they need and hopefully to a better place in life. However, when other efforts have not been successful and the property(ies) still cannot be maintained as required, the ordinance would provide another tool, as a last resort, to try to achieve that. In response to Board questions, Mr. Burgess stated that The Healing Place, once opened, may be able to provide some assistance. However, it will depend on what problems or issues the homeless are dealing with, the nature of those mental health or substance use disorder conditions they have, and their needs. Vice-Chair Hays stated WDI with the help of the Municipal Services District (MSD), hired a homeless outreach employee who has had tremendous success in working with the homeless. The employee’s job is not to set policy. It is to assist the homeless in obtaining the needed help to and including taking them to a clinic in Onslow County that can help them work through their difficulties, be it a mental health issue or a combination of mental health and substance use issues. The other issue is that there is prolific homelessness, and some people are choosing not to get assistance for whatever reason. This employee is working with all the agencies in this County, and regionally, to ensure that they are getting as much help as they can. While the County is not at the point of helping every homeless person it can, it has a responsibility to all citizens to not have a health hazard on any of its properties. The ordinance would be applicable to all properties the County owns. There have been instances downtown where two MSD workers had to go to the hospital due to being attacked by the homeless. This is an aggressive situation and an issue that needs to be looked at and addressed on all counts. If this ordinance helps just one person to get the help and treatment they need, that is the responsibility of the County to do. In response to Board questions, Mr. Burgess stated that he provided the City of Wilmington (City) administration a copy of the agenda item in advance of this meeting. He is not sure where the City is in the process or anything it has planned. County Manager Coudriet stated that as it relates to response to issues on County property, it is the Sheriff's Office who is the primary responder. There are law enforcement officers assigned to any number of facilities, but if there is an incident at the library, the Cape Fear Museum, the government center, etc. the first officer is primarily and historically a Sheriff's deputy. A brief discussion was held about the potential to have a day shelter in the downtown area. County Manager Coudriet provided a history on the County transferring property to Novant in connection with co-locating a day shelter on the site next to its clinic. Commissioner Rivenbark stated that he thinks there is a parcel somewhere in downtown Wilmington where a day shelter can be placed, and he also feels that the City of Wilmington (City) would want to be involved in it based on discussions with Councilmember Rivenbark. Commissioner Barfield stated that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 365 the sites that were being considered for transfer to Novant were in the south and east part of the City, not downtown. The drug treatment centers would only address the needs of people with substance use disorders, not mental health. There are no long-term mental health facilities in this community. The proposed ordinance does nothing to address the issues, it only helps to clean up a problem the County has and that is where he has concerns. In response to Board questions, Mr. Burgess stated that the ordinance would apply to all properties owned by the County not just the downtown library. Deputy County Attorney Kemp Burpeau stated the ordinance does not have to include the $50 civil fine and the Board may choose to remove it. The only criminal sanction referenced in the proposed ordinance is trespassing, which is not based on county law, but state law. In response to Board questions, Public Health Director David Howard stated that collectively, he thinks the mental health services exist but there are a small percentage who are not seeking services. Unfortunately, it is personal health, mental health, substance abuse, PTSD, and other issues for people. Even though assistance can be incentivized, and expectations can be set for people to enter some type of treatment and improvement models, people cannot be forced to enter treatment or receive assistance. There is a site across from the hospital that is a longer-term treatment option. Many times, people need a year at least, depending on the severity of the mental health and substance abuse issues, to fully recover and go on with their life and be self-sufficient. At this point, that type of center does not exist locally. There are things coming online that may fill that gap, but he thinks what everyone needs to understand at this point are the numbers and how to properly, in a healthy way, incentivize them to enter treatment. Further discussion was held about homelessness in the community and efforts that are being made by various organizations to address the issue. Vice-Chair Hays and Commissioner Zapple stated they would prefer to see the $50 civil penalty removed from the ordinance. Hearing no further discussion, Chair Olson-Boseman asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve the amendment to New Hanover County Code of Ordinances Chapter 38 with the removal of subsection (a) under Section 28-35 – Penalties and to direct staff to study and present to the Board possible options to resolve the day and night shelter needs in the downtown area. Upon vote, the MOTION PASSED 4 TO 1; Commissioner Barfield dissenting. Due to the lack of a unanimous vote, the matter will have to be placed on the next agenda for a second reading. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF THE NORTH CAROLINA AZALEA FESTIVAL SEASON PROCLAMATION The Board adopted a proclamation recognizing April 6 – 10, 2022 as the “North Carolina Azalea Festival Season” in honor of the festival’s 75th anniversary. North Carolina Azalea Festival 2022 President John Russ and Executive Director Alison Baringer expressed appreciation to the Board for adopting the proclamation. Hearing no further discussion, Chair Olson-Boseman asked for Board direction. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to adopt a proclamation recognizing April 6 – 10, 2022 as the “North Carolina Azalea Festival Season” in honor of the festival’s 75th anniversary. Upon vote, the MOTION PASSED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 23.6. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized the following employees receiving a retirement award: John Blume, Health and Human Services (HHS) – Social Services, retiring with 31 years of service Marilyn Howe, HHS – Health, retiring with 18 years of service Lisa James, HHS – Fiscal Operations, retiring with 20 years of service Sheryl Vought, 911, retiring with 29 years of service April Walker, HHS – Health, retiring with 15 years of service Thomas Wilkes, Building Safety, retiring with 17 years of service Chair Olson-Boseman presented a retirement award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Kennia Alfaro, Facilities Management Jaimie Harwood, Library Olivia Ocasio, Sheriff’s Office Ten Years: Shantel Davis, Senior Resource Center NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 366 Fifteen Years: Susan Swinson, HHS - Health Chair Olson-Boseman presented a service award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to stand and be introduced: Precious Armstrong, HHS – Social Services Greta Mallard, Sheriff’s Office Sandra Bailey, Tax Wellington Marcial, HHS – Public Health Teresa Baldwin, HHS – Pandemic Operations Team William Mendleson, HHS – Social Services Walter Brown, Building Safety Christopher Norris, Tax Dezaray Cardwell, Public Safety Communications Birdie Outland, HHS – Public Health Sarita Chalen, HHS – Social Services Kirin Quonce, HHS – Public Health Jason Collins, HHS – Social Services Ashley Riffle, HHS – Pandemic Operations Team Bryan Dadson, Soil and Water Conservation Monica Rohena, Diversity and Equity Brianna Drennan, HHS – Public Health Pati Ross, HHS – Centralized Support Peggy Gelegonya, Tax Siara Sanchez, Public Safety Communications Tyler Goodman, HHS – Public Health Donald Schmidt, Senior Resource Center Tiffany Irving, Sheriff’s Office Elayah Smith, Public Safety Communications Amee Lafuente, HHS – Public Health Woodrow Sullivan, Sheriff’s Office Adam Luncsford, HHS – Social Services The Commissioners welcomed the employees to County Government and wished them success in their new positions. CONSIDERATION AND ADOPTION OF BUDGET AMENDMENT FOR FUNDING OF THE WILMINGTON MULTI-MODAL TRANSPORTATION CENTER PHASE 1B Mike Kozlosky, Wilmington Metropolitan Planning Organization (WMPO) Executive Director, presented the request funding for the Wilmington Multi-modal Facility Project Phase 1B via a budget amendment in the amount th of $165,793. The funds will assist with the completion of the building renovation and reuse located at 525 North 4 Street. The City and WMPO have been working on the project, which will provide dedicated office space for the WMPO. The design was completed in late 2021 and the City opened bids in January. The lowest bid was $647,319 over the engineer's estimate and beyond the project budget. Staff has identified a funding gap in the amount of $2,341,836. The gap includes the difference between the bid and the current funding, inflation and contingency, contract administration, furniture, as well as the North Carolina Department of Transportation (NCDOT) fees. Funding for the project could come from the attributable funds, but the funds require a 20% local match. The local match needed is $468,367. However, there is $136,781 in the City's project fund which is identified as unallocated. Therefore, the true gap is $331,586. The City Council voted on March 15, 2022 to request the additional funding from the WMPO in the amount of $1,873,469 and to also commit the 50% of the local match in the amount of $165,793. County staff is recommending that the County contribute the remaining amount of $165,793. In response to Board questions, Mr. Kozlosky stated the benefits of this project are that the building would be used for transportation purposes, renovation, and reuse of a building in the historic district that was damaged in Hurricane Florence, and to assist the City with its space needs. A portion of the center has already been built, Padgett Station, and NCDOT is retaining a portion of the property for future rail service. Renovating and reusing a historic building in the City's historic district is very costly. Staff is being conservative in the numbers that are being presented to the Board knowing the funds can only be requested once. Surface Transportation Block Grant funds are also available and are only available for renovation and reuse of a historic structure, not to raze a site and build new. Commissioner Barfield expressed appreciation for the work on the project and stated that he was in support of the request. Hearing no further discussion, Chair Olson-Boseman asked for Board direction. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Hays to adopt budget amendment 22-050 to fund $165,793 for the Wilmington Multi-modal Transportation Center Phase 1B. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 23.7. CONSIDERATION AND APPROVAL FOR STAFF TO PROCEED WITH THE PROCESS OF PLACING THE QUARTER CENT SALES TAX FOR PUBLIC TRANSPORTATION REFERENDUM ON THE NOVEMBER 8, 2022 GENERAL ELECTION BALLOT County Manager Coudriet stated that staff has prepared a presentation to show how the funds from a quarter-cent sales tax would be appropriated over 10 years if the Board chose to proceed, the voters authorized it, and then subsequently if the Board chose to implement it. Also, the mechanics will be explained of how the referendum would be placed on the ballot. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 367 Chief Financial Officer Lisa Wurtzbacher and Assistant County Manager Sheryl Kelly presented the following information concerning the possible sales tax referendum:  Quarter Cent Transportation Sales Tax:  Uses of Article 43:  Financing, constructing, operating, and maintaining public transportation systems:  Structures, improvements, buildings, or equipment  Vehicle parking or passenger transfer facilities  Railroads and railroad rights-of-way  Rights-of-way  Bus services  Shared-ride services  High-occupancy vehicle facilities  Car-pool and vanpool programs  Telecommunications, information systems and integrated fare system  Interconnected bicycle and pedestrian infrastructure that supports public transportation  Bus lanes and busways  Article 43 – Not Allowable:  Cannot be used to supplant or replace existing funds or other resources for public transportation systems  Does not include streets, roads, or highways except to the extent they are dedicated to the public transportation vehicles or to the extent they are necessary for access to vehicle parking or passenger facilities  Potential allocation:  Process for Sales Tax Referendum:  NCGS 105-511.2(a) requires a public hearing a minimum of 30 days prior to the election and a Board resolution directing county Board of Elections to conduct the referendum  Public hearing: staff recommends the hearing be calendared prior to ballot content being finalized; July board meeting scheduled for July 11, 2022  Resolution directing county Board of Elections to conduct the referendum:  Ballot language stipulated in NCGS 105-511.2(b): \[ \] For \[ \] Against One-quarter percent (1/4%) local sales and use taxes, in addition to the current local sales and use taxes, to be used only for public transportation systems  Ballot content to be finalized in July  If voters approve sales tax, the statutes then require a resolution of the Board to levy the tax Chair Olson-Boseman stated that she will not support the request as she thinks the timing is bad, even though the items are certainly worth funding. A lot of people and businesses are still struggling, and staff has been asked to bring forward a budget reducing the property tax rate. In response to Board questions, Ms. Kelly confirmed there is no flexibility in the wording. Ms. Wurtzbacher confirmed that over 10 years an estimated $144 million would be expected to be received from everyone who makes purchases in New Hanover County, not just the residents. Commissioner Zapple stated he was in strong support of the request. Commissioner Barfield provided a brief history of the positive outcomes of the 2008 community college referendum and 2010 parks and gardens referendum and stated that he supported the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 368 In response to additional Board questions, Ms. Kelly reiterated there was no flexibility in the wording as it is directed by state statute. The ballot content must be finalized in July which is why staff is recommending the public hearing be on the July 11, 2022 agenda, but it could be held in June. Commissioner Zapple commented on the importance of the other public transportation projects, particularly the positive impact on the rail realignment project, if the referendum were to be approved by the voters. Hearing no further discussion, Chair Olson-Boseman asked for Board direction. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to direct County staff to proceed with the process of placing the quarter cent sales tax for public transportation referendum on the November 8, 2022 general election ballot. Upon vote, the MOTION PASSED 4 TO 1; Chair Olson-Boseman dissenting. CONSIDERATION AND ADOPTION OF A RESOLUTION AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO, DECLARING THE INTENT OF THE COUNTY TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES FROM PROCEEDS THEREOF, AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO Ms. Wurtzbacher presented the following information regarding the request before the Board:  Limited Obligation Bonds – Not to Exceed $34 million:  County projects:  Estimated debt service:  Impact on debt management limits:  Requested actions:  Approve resolution:  Proceed with filing application with Local Government Commission  Set public hearing for the debt issuance on April 4, 2022 In response to Board questions, Ms. Wurtzbacher stated that due to the County’s AAA ratings from both Moody’s and Standard and Poor’s, it has been able to take advantage of very low interest rates. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to adopt the resolution authorizing the negotiation of an amendment to an installment financing contract directing the publication of notice with respect thereto, declaring the intent of the County to reimburse itself for capital expenditures from proceeds thereof, and providing for certain other related matters thereto. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 23.8. UPDATE ON AMERICAN RESCUE PLAN ACT FRAMEWORK Ms. Wurtzbacher and Intergovernmental Affairs Manager Tim Buckland provided the following update on the American Rescue Plan Act (ARPA) framework: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 369  ARP Financial and Programmatic Update:  History:  Signed into law on March 11, 2021  April 5, 2021: Framework brought to Board  June 22, 2021: Spending plan approved by Board:  Budget amendment to start programs  $45.5 million ARPA Funding  September 7, 2021: Update to Board and changes to the plan were made  January 24, 2022: Community building plan approved and changes to ARPA plan made  Financial summary:  ARPA program status:  Quick adoption of local framework  Intention to inject funds rapidly to speed recovery  Highlighted in news coverage  Recognition at the national level for speed to market  Completed programs:  106 businesses provided with assistance totaling $2.3 million (78% to MWBE)  28 awards to nonprofit organizations  Nearly 500 CFPUA customers assisted (application window closed January 31, 2022)  Essential County employees recognized; testing program concluded  Ongoing programs:  Job training administered by StepUp Wilmington:  More than 200 enrolled; nearly 100 completed training  More than 50 placed in full-time employment  Infrastructure assistance to support affordable housing:  Eden Village water and sewer  Habitat For Humanity water and sewer  Gap financing for Starway Village affordable housing  Allocation to reduce stormwater services fee for FY 2021-22  Mortgage assistance (520 applications; about 250 approved)  Workforce Rental Housing Assistance (33 participants in pilot program)  Broadband: accepting applications and connecting homes  Physical and mental health:  Pandemic Operations team established:  Manager and several team members hired  Pandemic Operations Center established  Community violence initiatives begun – director hired  All school mental health positions filled  Recruitment begun for infant and toddler mental health positions  Health educator, housing specialist, and emergency rental assistance program manager hired  Senior Resource Center satellite location, transportation program, mental health and outreach team established In response to Board questions, Ms. Wurtzbacher stated that the County has until December 31, 2024 to expend and/or obligate the funds. For any funds that are obligated through a contract or purchase order, the County will have until December 31, 2026 to expend those funds. Also, that is not all the funds the County will spend. In the physical and mental health section, most of the funds are for the salary costs of mental health therapists that have been hired and the County will continue to pay those salaries. There are a couple of programs that have been analyzed to show where the County is to date, broadband being one of them. There will be a media push to remind the community of the availability of broadband before a final decision is made about whether to recommend reallocating money from that program. Staff will bring forward in the future with some program allocations. Hearing no further discussion, Chair Olson-Boseman thanked Ms. Wurtzbacher and Mr. Buckland for the update. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 370 PUBLIC HEARING AND APPROVAL OF A REQUEST BY NEW HANOVER COUNTY TO MODIFY ARTICLES 2, 3, 4, AND 5 OF THE UNIFIED DEVELOPMENT ORDINANCE (UDO) TO UPDATE PERMISSIONS AND STANDARDS FOR WIRELESS TELECOMMUNICATIONS FACILITIES AND TO PERFORM TECHNICAL FIXES TO VARIOUS ORDINANCE PROVISIONS (TA22-01) Long Range Planner Marty Little presented the request to modify Articles 2, 3, 4, and 5 of the UDO to update permissions and standards for wireless telecommunications facilities and to perform technical fixes to various ordinance provisions. Based on Board direction received last summer, Planning staff worked with Legal staff to examine state statutes to explore potential amendments to the County’s telecommunications standards. Currently, towers in both residential and nonresidential districts, minus the I-1 and I-2 districts, are subject to the same standards and permissions. This has the unintended consequence of leaving little incentive and limited availability for needed towers to locate outside of residential areas. As most of the undeveloped land in the County is zoned residential, banning wireless facilities in these districts would not be appropriate. Also, it is likely that the County will continue to see towers proposed near existing residential communities. Lastly, as it is often brought up during discussions on this topic, state law identifies telecommunications as necessary infrastructure, and places limitations on local regulation of wireless facilities, including certain types of information the County can and cannot require with an application. Mr. Little then presented the following overview of the request:  Key intent and purpose:  Reduce potential impact of wireless towers on nearby residential properties  Require collocation on existing towers if possible  Prioritize nonresidential districts when new towers are needed  Perform maintenance to various code provisions  Amendment components:  Telecommunications component  Require collocation when feasible:  Applicant must submit evidence that collocation onto an existing nearby tower is not reasonably feasible  Special use permit application checklist  Balloon test:  Used to simulate a tower’s visibility from surrounding properties  Sometimes offered by applicants but would be required by code as drafted  Modify aesthetic and structural design standards:  Structural design standards: Monopole vs Lattice Tower  Aesthetic design standards: Equipment fully contained within monopole cannister or otherwise not readily visible  Stealthing: Default for residential towers but can be exempted by the Board  Setbacks in nonresidential districts:  Current standard:  At least 50-foot minimum setback  Tower height from any nearby residential district  Proposed amendment: setback based on a tower’s engineered fall zone  Nonresidential district permissions:  Amendment proposes allowing towers by-right in nonresidential districts as an incentive to prioritize locating new towers in those districts rather than in residential areas.  The telecommunications update also reorganizes the wireless tower section to make sure it is clear which standards apply for staff-level permits, and which standards remain applicable for those towers that still require special use permits.  Maintenance component:  Clarify method of rounding  Define major subdivision  Allow for special purpose utility lots  Allow senior living: assisted living facility with special use permit in B-1  Clarify street yard standards apply to RMF districts  Clarify foundation plantings to align with recently modified building heights  Align UDO traffic impact process with current practice Mr. Little concluded the presentation stating that the Planning Board considered this request at its February 2, 2022 meeting and recommended approval (4-0), finding the amendment to be consistent with the 2016 Comprehensive Land Use Plan, reasonable, and in the public interest. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 371 In response to Board questions, Mr. Little stated that the proposed amendment is to receive requests for the areas where the requests would be permitted by-right and the need to appeal would be much less, but in the residential areas there would still be the requirement to go through the quasi-judicial process. There is nothing in the amendment that would be more limited as far as what someone could apply for today. Towers are not being taken away from what is currently allowed. Propagation maps or coverage maps cannot be required showing where the towers would cover. What can be required of the applicant is to provide the search ring information and a list of available towers within the area. In the past without the requirement, a company could simply state that it did not want to co-locate, even if it could, which is state law. With the proposed amendment, if the County chose to implement state law and there is a feasible place to co-locate, staff can inform the applicant that the request will not be processed until they show that co-location is not feasible. In response to Board questions, Mr. Little stated as far as buffers where commercial areas abut residential areas, the use requires a 25-foot landscape buffer and opaque fence. In commercial areas where a monopole already exists, since there is not a special use permit requirement, another monopole could be installed in the commercial area by-right and without input from the residential neighborhood(s) if the engineer fall zone states it is not going to fall within a certain distance. Planning and Land Use Director Rebekah Roth stated that what is being proposed is something staff worked out to balance the concerns as expressed earlier, where it is known the uses are necessary to provide utility services to residents as well as for health care and educational purposes. It is also known that there are residents who do not always want to see these type things. There is no way to legally legislate them to where a person never sees this type of infrastructure. The balance provided in the amendment is if an applicant is in a residential district and they do not necessarily run the risk without going through the public hearing process to see one of the towers. The requirements have also been strengthened for what the towers look like in commercial areas versus residential areas. The towers are more likely to be in commercial and industrial areas. There are already water towers, telephone poles, and power poles in the commercial corridors and this is where staff is trying to put similar infrastructure. In response to Board questions, Ms. Roth stated it is her understanding there will be more poles and antennas required to support the 5G technology. However, those units tend to be smaller and more likely able to utilize other existing infrastructure or structures in an area. Placing an antenna on a water tower or a light pole at a high school would be considered a co-location. Vice-Chair Hays commended staff for their work on the amendment request. Hearing no further discussion, Chair Olson-Boseman stated that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and asked for the Board’s direction on the request. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple, to approve the proposed amendment to the New Hanover County Unified Development Ordinance to modify permissions and standards for wireless telecommunication facilities and to perform maintenance to various identified provisions throughout the code. The Board finds it to be consistent with the purpose and intent of the 2016 Comprehensive Plan because it aligns with the plan’s implementation guidelines that aim to support business success, workforce development, economic prosperity, and public safety while preserving the character of existing residential neighborhoods and advances the County’s efforts to ensure the tools in the code continue to work as they are intended. The Board also finds approval of the proposed amendment reasonable and in the public interest because it incorporates zoning tools that address compatibility between necessary wireless infrastructure and established residential neighborhoods and provides needed maintenance for clearer and more consistent standards. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED FEBRUARY 3, 2020 and is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 23.9. COMMITTEE APPOINTMENTS Appointment to the New Hanover County Adult Care Home Community Advisory Committee Chair Olson-Boseman reported that one vacancy exists on the New Hanover County Adult Care Home Community Advisory Committee. One application has been received and is available for consideration. Commissioner Zapple nominated Helen Hepbron for reappointment. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Helen Hepbron to the New Hanover County Adult Care Home Community Advisory Committee, with the term to expire March 31, 2025. Appointments to the New Hanover County Health and Human Services Board Chair Olson-Boseman reported that two vacancies exist on the New Hanover County Health and Human Services Board in the At-Large/Consumer of Human Services and Professional Engineer categories. One application NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 372 has been received and is available for consideration in the Professional Engineer category and four applications have been received and are available for consideration in the At-Large/Consumer of Human Services category. Commissioner Barfield nominated Branch Smith for appointment in the Professional Engineer category and Mariel Leah Mayo for appointment in the At-Large/Consumer of Human Services category. Commissioner Zapple seconded the nominations. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Branch Smith to the New Hanover County Health and Human Services Board in the Professional Engineer category to fill an unexpired term, with the term to expire July 31, 2023 and to appoint Mariel Leah Mayo to the New Hanover County Health and Human Services Board in the At- Large/Consumer of Human Services category to fill an unexpired term, with the term to expire July 31, 2025. Appointment to the New Hanover County Juvenile Crime Prevention Council Chair Olson-Boseman reported that one vacancy exists on the New Hanover County Juvenile Crime Prevention Council in the Juvenile Defense Attorney category. One application has been received and is available for consideration in the Juvenile Defense Attorney category. Commissioner Zapple nominated Cecilia Reyna for appointment in the Juvenile Defense Attorney category. Chair Olson-Boseman seconded the nomination. Hearing no further nominations, Chair Olson-Boseman asked for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Cecilia Reyna to the New Hanover County Juvenile Crime Prevention Council in the Juvenile Defense Attorney category to fill an unexpired term, with the term to expire September 30, 2023. Appointments to the New Hanover County Special Board of Equalization and Review Chair Olson-Boseman reported that eight vacancies exist on the New Hanover County Special Board of Equalization and Review with two applications eligible for reappointment and eight applications available for consideration. Chair Olson-Boseman nominated Christopher G. Stewart for reappointment as a regular member. Commissioner Barfield nominated Gloria M. Green and Clayton Hamerski for reappointment as regular members Commissioner Zapple nominated Mike Musselwhite and Hector Ingram for reappointment as regular members, Brad White and Fred Gainey for reappointment as alternate members, and John Weaver for appointment as an alternate member. Hearing no further nominations, Chair Olson-Boseman called for a vote on the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to reappoint Gloria M. Green, Clayton Hamerski, Hector Ingram, Mike Musselwhite, and Christopher G. Stewart, as regular members, reappoint Brad White and Fred Gainey as alternate members, and appoint John Weaver as an alternate member on the 2022 Special Board of Equalization and Review to serve one-year terms with terms expiring March 31, 2023. Chair Olson-Boseman asked for nominations to appoint a Chairman of the Special Board of Equalization and Review for the ensuing year. Chair Olson-Boseman nominated Christopher G. Steward as Chairman of the Special Board of Equalization and Review for the ensuing year. Vice-Chair Hays seconded the nomination. Hearing no further nominations, Chair Olson-Boseman called for a vote on the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Christopher G. Stewart as Chairman of the Special Board of Equalization and Review for the ensuing year. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Olson-Boseman stated that no one signed up to speak on non-agenda items. ADDITIONAL AGENDA ITEMS OF BUSINESS County Manager Coudriet stated that Consent Agenda Item #2 Approval of Amendment to New Hanover County Code of Ordinances Chapter 38 will be placed on the next agenda for consideration by the Board as it was not unanimously adopted. After a brief discussion, the Board asked that the matter be placed on the regular agenda. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 21, 2022 PAGE 373 CLOSED SESSION Chair Olson-Boseman announced a Closed Session pursuant to North Carolina General Statute (NCGS) 143- 318.11(6) to consider a personnel matter. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to enter a Closed Session pursuant to NCGS 143-318.11(6) to consider a personnel matter. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chair Olson-Boseman convened to Closed Session at 6:14 p.m. and stated that all persons not Board members or specifically designated staff were asked to leave the meeting room. CONVENE TO REGULAR SESSION Chair Olson-Boseman called the meeting back to order at 6:30 p.m. and reported that pursuant to NCGS 143-318.11(6) the Board has concluded consideration of a personnel matter. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Hays for the Board to enter into an employment agreement with Clerk to the Board Kymberleigh G. Crowell. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 6:31 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.